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(영문) 광주지방법원 2015.12.17 2015노2762
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (eight months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognizes the crime of this case and is against the defendant, and that the defendant is the first offender who has no previous conviction, etc. are favorable factors for sentencing.

However, the crime of this case is so-called employment fraud, and the damage amount is not much than KRW 50 million, but still has yet to be recovered from any damage. The court below is deemed to have determined the punishment by fully considering the circumstances favorable to the defendant. The court below has no change in the circumstances that are favorable to the defendant. In this case, there is no change in the court below's circumstances, and there are various sentencing data on pleadings, such as the background of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Committee [general fraud Type 1 (less than KRW 100 million: Imprisonment with prison labor for 6 months to 100 million): The court below's punishment is too unreasonable. Thus, the defendant's assertion is not justified.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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